NOT RECOMMENDED F OR F ULL-TEXT PUBLICATION File Na me: 12a0297n.06 No. 10-3976 UNI TED STATES COURT OF A PPEAL S FOR THE SI XTH CI RCUI T DUSKO JAZI C, Petitioner,

v. ERI C H. HOL DER, J R., Attorney Gene ral, Respondent. ) ) ) ) ) ) ) ) ) ON PETI TI ON F OR REVI EW FROM A F I

NAL ORDER OF TH E BO ARD OF I MMI GRATI ON APPEAL S OP INION

BEF ORE: COL E and STRANCH, Circuit J udg es; CARR, Dist rict Judge. *

PER CURI AM. Dusko J azic, a Croatian citizen, moves for a stay of remova l a nd petitions for revie w of an order of the Boa rd of I mmigra tion Appea ls af fi rm i n g an I mmigra tion J udg e’s decision deny

ing his applications for asy lum, withholding of remova l, an d p ro t ection under the Convention Ag ainst Torture ( CAT). J azic was born in 1971 in the former Yug oslavia, and is ethnically Serbian. He came to the United States in 1993, and applied for the above relief

. A hear ing was held befor e an I mmigra tion J udg e (I J ), at which J azic testified that he serve d in the Yug oslavian National Army shortly befor e Croatia and othe r states de clar ed their independe nce. He pa ssed himself off a s a Croat in orde r to avoid being in the m inority

. A C roat tol d J azic of a planned uprising by Croats which never took place

. Severa l Croats wer e arreste d, questioned, and rele ased. One of them asked J azic if he had

The Honora

ble J ames G. Carr, Senior United States District J udg e for the Norther n District * of Ohio, sitting by

desig nation.No. 10-3976 - 2 - turned them in, which J azic denied. He never hear d from any

of the Croa ts ag ain during the more than two y ear s he rema ined in Croatia. After completing his mandatory milit ary service , J azic was asked if he would join the Croatian army , but he declined. He stated that his Yug oslavian passport

was destroy ed, without which he could not obtain healthca re or employ

ment. After pay

ing a bribe, he was able to obtain a Croatian passport. He testified that the police stopped him “dozens” of times, asking him wher e he was g oing and what he was doing, and sometimes phy sically harming him, but

neve r t o t he point wher e he require d medical attention. He was never arr ested or detained. After coming to the United States, J azic lear ned fr om his parents that the a uthorities w ere ag ain seeking him to perf

orm milit ary service

. His brother, who also serve d in the Croatian milit ary , continues to live in J azic’s apa

rtment in Croatia. The I J denied a ll relief, c oncluding that J azic had not e stablished past perse cution and that his claim to fea

r future perse cut ion was not plausible. The Boa rd of I mmigra tion Appea ls (B I A) aff irmed this decision. J azic rea sserts his claims in his brief bef ore this cour

t. J azic’s petition for revie w of the denial of his application for asy lum may be g rante d only if the evidenc e is “so compelling that no rea sonable fac tfinder could fail to fin d t h e requisit e perse cution.” Ouda v. INS , 324 F.3d 445, 451 (6th Cir. 2003). Upon revie w, we conclude that the BI A in this case rea sonably found that J azic had not established p as t p er secution. The incidents J azic descr ibed amounted to mere hara ssment; he was never arr ested, his proper ty was not confiscated, and he was never sever ely beate n or tortured. See Gilaj v. Gonzales , 408 F.3d 275, 285 (6 t h C i r. 2005). Minor beating s and limit ed detentions do not rise to the level of perse cuti o n . Setiadi v. Gonzales , 437 F.3d 710, 713 ( 8th Cir. 2006). Be cause J azic did not establish past perse cution, in order t o be entitled to asy lum he is require d to demonstrate a well-founde d fea r of future perse cution. See Ali v. Ashcroft , 366 F.3d 407,No. 10-3976 - 3 - 410-11 (6th Cir. 2004). This require s cre di b l e, specific evidenc e of fac ts supporting a reasonable fea r of perse cution. Klawi tter v. IN S , 9 7 0 F.2d 149, 153 (6th Cir. 1992). Her e, the I J and BI A

rea sonably

conclude d that J azic’s claims of fear of perse cution wer e not plausible. He claimed to fea r perse cution based on his ethnicity , y et his family rema ined unharme d in Croatia. Cf. Lim v. INS , 224 F.3d 929, 935 (9th Cir. 2000). He claimed to fea r perse cution based on his milit ary service , y et his brother suffere d no perse cution, and mi litary service was manda tory for a ll able-bodied y

oung

men. He claimed to fea

r retribution from the Croat s wh o may believe that he had informed the authorities about their planned uprising, y et he never encounte red retribution from them in over two y ear s in Croatia following that incident. Finally , he claimed to fea r perse cution for failing to perf orm further milit ary service . Howeve r, enf

orce ment of manda tory

milit ary service require ments is not persecu t i o n . Moreove r, J azic testified that he was not phy sically fit for service due to hear ing problems

. There fore , J azic did not establish a well-founded fear of future perse cution that would entitle him to asy lum. Be ca u s e J azic did not establish entitlement to asy lum, he nece ssarily could not meet th e highe r standard for withholding of remova l. See Koliada v. INS , 259 F.3d 482, 489 (6th Cir. 2001). Finally , he did not qualify for relief under the CAT beca use he did not show that it was more likely than not that he would be tortured upon his return to Croatia. See Pilica v. Ashcroft , 388 F.3d 941, 951 (6th Cir. 2004). Fo r all of the above rea sons, the petition for revie w is denied. The motion for a stay o f

remova l is denied as moot.